BILL NUMBER: AB 1497 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hall
FEBRUARY 27, 2009
An act to amend Section 2893 of the Public Utilities Code,
relating to telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
AB 1497, as introduced, Hall. Telephone call identification
service.
Existing law, with specified exceptions, requires the Public
Utilities Commission to require any call identification service
offered by a telephone corporation, or by any other person or
corporation that makes use of the facilities of a telephone
corporation, to allow the caller, at no charge, to withhold, on an
individual basis, the display of the caller's telephone number from
the telephone instrument of the individual receiving the call, but
prohibits a caller from withholding the display of the caller's
business telephone number when that number is being used for
telemarketing purposes. Existing law requires that a telephone
corporation notify its subscribers that their calls may be identified
to a called party either (1) 30 or more days before the telephone
corporation commences to participate in the offering of a call
identification service, or (2) by March 1, 1990, if the telephone
corporation is participating in a call identification service prior
to January 1, 1990.
This bill would delete the requirement that a telephone
corporation that is participating in a call identification service
prior to January 1, 1990, notify subscribers by March 1, 1990, that
their calls may be identified to a called party.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2893 of the Public Utilities Code is amended to
read:
2893. (a) The commission shall, by rule or order, require that
every telephone call identification service offered in this state by
a telephone corporation, or by any other person or corporation that
makes use of the facilities of a telephone corporation, shall allow a
caller to withhold display of the caller's telephone number, on an
individual basis, from the telephone instrument of the individual
receiving the telephone call placed by the caller. However a caller
shall not be allowed to withhold the display of the caller's business
telephone number when that number is being used for telemarketing
purposes.
(b) There shall be no charge to the caller who requests that his
or her telephone number be withheld from the recipient of any call
placed by the caller.
(c) The commission shall direct every telephone corporation to
notify its subscribers that their calls may be identified to a called
party either: 30 or more days before the
telephone corporation commences to participate in the offering of a
call identification service.
(1) Thirty or more days before the telephone corporation commences
to participate in the offering of a call identification service.
(2) By March 1, 1990, if the telephone corporation is
participating in a call identification service prior to January 1,
1990.
(d) This section does not apply to any of the following:
(1) An identification service which is used within the same
limited system, including, but not limited to, a Centrex or private
branch exchange (PBX) system, as the recipient telephone.
(2) An identification service which is used on a public agency's
emergency telephone line or on the line which receives the primary
emergency telephone number (911).
(3) Any identification service provided in connection with legally
sanctioned call tracing or tapping procedures.
(4) Any identification service provided in connection with any
"800" or "900" access code telephone service until the telephone
corporation develops the technical capability to comply with
subdivision (a), as determined by the commission.
(e) Until the market for local telephone service is competitive, a
telephone corporation shall not charge any subscriber for having an
unlisted or unpublished telephone number. However, nothing in this
subdivision shall be interpreted by the commission to reduce the
revenues of telephone corporations. Any actions of the commission
pursuant to this subdivision shall be implemented on a competitively
neutral basis. This charge shall not be eliminated prior to the
effective date upon which offsetting rates are implemented by the
commission.